The Police (Conduct) (Senior Officers) (Scotland) Regulations 1999

Arrangement of misconduct hearing

15.—(1) Where an allegation of misconduct is to be heard at a misconduct hearing, the police authority shall make all necessary arrangements for the hearing before the chairman and shall determine the time, date and place of the hearing.

(2) The police authority shall by notice in writing require the senior officer to appear at the hearing at the time, date and place specified in the notice.

(3) Where the senior officer has intimated that he wishes to be accompanied at the hearing by a representative who is a constable of a police force other than his own, the police authority shall inform the chief constable of that other force of that intimation and shall give notice of the time, date and place of the hearing.

(4) Where the hearing arises out of a complaint by a member of the public, the police authority shall, if the senior officer has denied the allegation or any part thereof, give notice to the complainer specifying the time, date and place of the hearing and shall draw the complainer’s attention to the provisions of regulation 17(4)(b) and (5).

(5) The police authority shall take all reasonable steps to secure the attendance at the hearing of any witnesses required to give evidence to relevant facts at the hearing.

(6) In any case in which in terms of this regulation the police authority is required to give notice to any person, such notice shall be sent not less than 21 days prior to the commencement of the hearing, provided that the senior officer may, in writing, waive his entitlement to receive 21 days' notice of the hearing.

(7) At any time before the date fixed for hearing in accordance with paragraph (2), the police authority may, if it is of the opinion that it is expedient or necessary to do so, discharge the hearing and shall make all necessary arrangements in accordance with paragraphs (1) to (6) for the misconduct hearing to be held at a later date.